foreign jurisdiction‚ letters rogatory will normally be issued from the foreign judge requesting access to the documents. • Instead‚ Breen pursues a test case‚ intending to establish whether a medical patient can obtain access to their records at common law. Issue • Does Mr Williams owe a fiduciary obligation to Ms Breen to make full disclosure of her medical records? Reasoning High Court of Australia: Brennan CJ: • Fiduciary duties have two sources: (1) Agency
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principles. Unlike the common law remedy of damages‚ they are not punitive in either nature or intent. Equitable remedies refer to specific types of remedies available in court cases that can only be granted by a judge. A judge will grant‚ or not grant‚ a given equitable remedy based on the circumstances of a particular case. As such‚ equitable remedies are different from legal remedies or remedies granted by operation of law. When a remedy is granted by operation of law‚ the law essentially mandates that
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The English word “law” refers to limits upon various forms of behavior. Some laws are descriptive: they simply describe how people‚ or even natural phenomena‚ usually behave. An example is the rather consistent law of gravity; another is the less consistent laws of economics. Other laws are prescriptive - they prescribe how people ought to behave. For example‚ the speed limits imposed upon drivers that prescribe how fast we should drive. They rarely describe how fast we actually do drive‚ of course
Free Law Political philosophy Thomas Hobbes
1. Is Alicia a promoter? According to Jason (2011)‚ the person who is involved in incorporating with either active role or inactive role can be defined as a promoter. The case Tracy v Mandalay Pty Ltd illustrates that a person who agrees to share profit while forming a company is the promoter‚ in spite of his passive role. In this case‚ though Alicia played no active role in forming the company‚ as a shrewd business man‚ she agreed to share the profits generating form this new organization obviously
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Constitutional Laws Constitutional law is the branch of law relates the relationship between the judiciary‚ the legislature‚ and the executive. Constitutional law is responsible for setting out the government’s general operating framework. Constitutional laws usually determine the scope of the terms contained in constitutions‚ and their applications. Constitutional laws cover various areas of law‚ such as individual rights‚ relationships between various bodies of governments‚ legislative
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I think there has been many things that’s contributed to the decline in public trust‚ as it related to law enforcement. Similar to the citizens losing trust in law enforcement‚ we have also seen this in politicians‚ the government‚ NFL‚ etc. I believe these things go in phases. It only takes one incident for people to lose faith in a process or trust in a group. For example‚ one incident on United Airlines last week has caused them to lose 100’s of millions of dollars in stocks and airfare. In addition
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surrender and similar endings‚C3 End of an option to acquire shares Bringing a CGT asset into existence- D1Creating contractual or other rights‚ D2 Granting an option Trusts- E1- Creating a trust over a CGT asset‚ E2- Transferring a CGT asset to a trust E4 capital payment for trust intrestE5 Beneficiary becoming entitled to a trust assetE6 Disposal to beneficiary to end income rightE7 Disposal to beneficiary to end capital interestE8 Disposal by beneficiary of capital interest Leases- F1 Granting
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Langdale - To be valid as a trust there must be: a) Certainty of intention to create a trust – Is a trust intended as a q. of fact? b) Certainty of subject-matter – What property is to be subject to the trust and what are the beneficial interests? c) Certainty of objects – Who are the beneficiaries of the trust? (charitable trusts do not need to satisfy this requirement) * Why are these requirements necessary? * The essential elements of the trust relationship must be defined
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with a new client who wants an estate plan prepared‚ but is a bit vague as to what should be included in that plan. Quite frequently‚ the initial conversation begins with the client saying something like‚ "I would like a will... or should I have a trust? Do I need anything else?" Actually‚ those are good questions to begin a discussion. Most folks recognize that their estate plan should provide for the distribution of their assets upon their death. That‚ of course‚ is an essential element of an estate
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be used to perpetuate family values and protect assets for the benefit of future generations. Estate planning also helps reducing taxes by having a better understanding on specific perks‚ like gift taxes‚ charity give away‚ appreciated stocks‚ and trust benefits. There are four distinct objectives of a proper estate plan. Many times a plan is perceived as only having one‚ or possibly two‚ of those objectives. Since there may be different specialists involved in the Estate Planning process‚ such
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